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R-12-09-13-G6 - 9/13/2012 1 t i RESOLUTION NO. R-12-09-13-G6 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform F governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with No Required Match ("Agreement") with the State of Texas, acting through the Texas Department of Transportation regarding the relocation of electrical service on IH-35 northbound frontage road north of FM 3406, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said k Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all _ purposes. r The City Council hereby finds and declares that written notice of the date, hour, place and x subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter i hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, g Chapter 551, Texas Government Code, as amended. 4 RESOLVED this 13th day of September, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0.\wdox\SCC1nts\0112\1204\MUNICIPAL\00257529.DOC/rmc i a S EXHIBIT CSJ# 6222-18-001 A" District# 14 -Austin Code Chart 64#36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. North of FM 3406 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Round Rock, acting by and through its duly authorized officials, called the "Local Government." i WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, 3 r WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, k WHEREAS, Commission Minute Order Number 113161 authorizes the State to undertake and complete a highway improvement generally described as maintain existing IH 35 frontage road; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as relocating electrical services (pole and meter relocate) on IH 35 northbound frontage road north of FM 3406, called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. r 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment ' Provision and Work Responsibilities which is attached to and made a part of this contract. In AFA-AFA_VoITIP Page 1 of 6 Revised 04/01/11 pF i CSJ# 6222-18-001 =' District# 14 -Austin Code Chart 64#36750 Project: Relocate Electrical Service On IH 35 NB Frontaize Rd. North of FM 3406 addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that a are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. E f: B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in { the escrow account, those funds may be applied by the State to the Local Government's " contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 3. Right of Access t If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities k required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. s 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft®Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. °s AFA-AFA VoITIP Page 2 of 6 Revised 04/01/11 i Y t S CSJ#6222-18-001 District# 14 -Austin Code Chart 64#36750 Project: Relocate Electrical Service On IH 35 NB Frontaee Rd. North of FM 3406 E 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the 5; anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually t terminated in accordance with Article 11 —Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased r costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. S 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; AFA-AFA VoITIP Page 3 of 6 Revised 04/01/11 , CSJ# 6222-18-001 z District# 14 -Austin Code Chart 64#36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. North of FM 3406 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: City of Round Rock Director of Contract Services Attn: City Manager Texas Department of Transportation 221 E. Main 125 E. 11th Street Round Rock, Texas 78664 Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending 3 written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored t and carried out by the other party. f 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. AFA-AFA VoITIP Page 4 of 6 Revised 04/01/11 CSJ# 6222-18-001 District# 14-Austin Code Chart 64#36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. i North of FM 3406 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access r to any information the state auditor considers relevant to the investigation or audit. 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately and the State may recover damages and all costs of completing the work. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. f i Z k' 5. S i AFA-AFA VoITIP Page 5 of 6 Revised 04/01/11 i E CSJ# 6222-18-001 District# 14-Austin Code Chart 64#36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. t North of FM 3406 i THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. { THE LOCAL GOVERNMENT pFF t Signature 3- Typed or Printed Name Title t Date THE STATE OF TEXAS Cathy T. Floyd, CPA South Regional Support Center Director Date i i r 4 AFA-AFA_VoITIP Page 6 of 6 Revised 04/01/11 k. i E CSJ# 6222-18-001 District# 14-Austin Code Chart 64#36750 Project: Relocate Electrical Service On IH 35 NB FrontageRd_ North of FM 3406 ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES z The Local Government will then be responsible for 100% of all costs, less direct and indirect State costs. Description otal Federal State Participation Local Participation P Estimated Partici ation Cost % Cost % Cost /° Cost Construction $ 24,425 0% $0 0% $0 100% $ 24,425 b State 3 Subtotal 24,425 $0 $0 $ 24,425 Construction Direct State 6,105 0% $0 0% $0 100% $ 6,105 Costs Indirect State Costs $ 1,775 0% $0 100% $ 1,775 % $0 7.27% ubtotal 7,880 $0` 1,775 $ 6,105 OTAL 32,305 $0 1,775 $ 30,530 Initial payment by the Local Government to the State: $30,530. Payment by the Local Government to the State before construction: $0. Estimated total payment by the Local Government to the State $30,530. This is an estimate. The final amount of Local Government participation will be based on actual costs. Work Responsibilities: 1. Construction Responsibilities The construction of the relocation of electrical services will be performed under the current State maintenance contract. i k i s { AFA-AFA_VoITIP Page 1 of 1 Attachment A i k ROUND ROCK,TEXAS City Council Agenda Summary Sheet PURPOSE.PASSION.PROSPERITY. K I: j `s Agenda Item No. G6. { Consider a resolution authorizing the Mayor to execute an Advance Funding Agreement with the Texas Department of Transportation for the Relocate Electrical Service—IH 35 NB Agenda Caption: Frontage Road North of FM 3406 Project. t Meeting Date: September 13, 2012 Department: Transportation E Staff Person making presentation: Gary Hudder Transportation Director f Item Summary: I' This item is related to the Advance Funding Commitment Agreement with Autobuilders General Contracting, Inc. and the Hyundai Dealership site located on the IH-35 north frontage road just north of FM 3406/01d Settlers Boulevard. The driveway at this development requires the relocation of the existing electrical service for the traffic signal at IH-35 and Old Settlers Boulevard. The developer has committed to pay for the relocation of these electrical x services; however, TxDOT will not contract with a private developer, they will only contract with the local government. Subsequently, the attached Advance Funding Agreement will commit the City to pay for this relocation, and it will allow TxDOT to go forward with relocating the electrical services. The developer has or will have committed to pay the City for this work under the funding commitment mentioned above. s Cost: $30,530 Source of Funds: Type B Corporation Recommended Action: Approval F r i x r } i' 4 CSJ# 6222-18-001 District# 14-AustinC 0 P Code Chart 64#367 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. i North of FM 3406 STATE OF TEXAS § z Y" COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS ` TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ; THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Round Rock, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 113161 authorizes the State to undertake and complete a highway improvement generally described as maintain existing IH 35 frontage road; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as relocating electrical services (pole and meter relocate) on IH 35 northbound frontage road north of FM 3406, called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of I the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. { 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local t, Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In 4 2 s; AFA-AFA VoITIP Page 1 of 6 Revised 04/01/11 E i k CSJ#6222-18-001 District# 14-Austin OPY Code Chart 64#3675 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. North of FM 3406 s addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess.funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. f 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. F; 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. i 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft®Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA-AFA VoITIP Page 2 of 6 Revised 04/01/11 i CSJ# 6222-18-001 District# 14-Austin Code Chart 64# 367 Opy i Project: Relocate Electrical Service I t On IH 35 NB Frontage Rd. North of FM 3406 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed s' hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 8- 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be k insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) z days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 —Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other H directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 4 E 10. Maintenance Upofi completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. E 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; AFA-AFA_VoITIP Page 3 of 6 Revised 04/01/11 F „ CSJ# 6222-18-001 District# 14 -Austin Code Chart 64#367C 0 P Y Project: Relocate Electrical Service On 1H 35 NB FrontageRd. North of FM 3406 k i 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. I 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: f Local Government: State: z City of Round Rock Director of Contract Services Attn: City Manager Texas Department of Transportation 4 221 E. Main 125 E. 11th Street Round Rock, Texas 78664 Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. i 13. Sole Agreement l In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and , administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. I 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. AFA-AFA VoITIP Page 4 of 6 Revised 04/01/11 {t{, k 3 E e CSJ# 6222-18-001 District# 14-Austin Code Chart 64# 367 OPY Project: Relocate Electrical Service On IH 35 NB Frontaize Rd. North of FM 3406 16. State Auditor i The state auditor may conduct an audit or investigation of any entity receiving funds from the t State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. I 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately and the State may recover damages and all costs of completing the work. 18.'Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. fl I k Y s' a t { y: 4 { t i t e a } AFA-AFA VoITIP Page 5 of 6 Revised 04/01/11 i I• F CSJ# 6222-18-001 K District# 14-Austin Code Chart 64#367C 0 P Y Project: Relocate Electrical Service ' g On IH 35 NB Frontaize Rd. r North of FM 3406 THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Y �l Signature RIC-- Typed or Printed Name Title r Date €; f THE STATE OF TEXAS i a Cathy T. Floyd, CPA South Regional Support Center Director Date 5 k i s° 3 e f i C i 3 f ti t AFA-AFA_VoITIP Page 6 of 6 Revised 04/01/11 e ti CSJ# 6222-18-001 District# 14-Austin COPY Code Chart 64#36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. North of FM 3406 ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will then be responsible for 100% of all costs, less direct and indirect State s costs. Description otal Federal -' State Participation Local Participation Estimated Participation Cost % Cost % Cost % Cost Construction $ 24,425 0% $0 0% $0 100% $ 24,425 b State Subtotal 24,425 $0 $0 $ 24,425 Construction Direct State 6,105 0% $0 0% 0 100% $ 6,105 Costs Indirect State Costs $ 1,775 0% $0 100% $ 1,775 % $0 7.27% Subtotal- 7,880J $0 1,775 $ 6,105 TOTAL 32,305 $0 1,775 $ 30,530 Initial payment by the Local Government to the State: $30,530. r Payment by the Local Government to the State before construction: $0. f Estimated total payment by the Local Government to the State $30,530. This is an estimate. The final amount of Local Government participation will be based on actual costs. Work Responsibilities: F 1. Construction Responsibilities The construction of the relocation of electrical services will be performed under the current State maintenance contract. f x. t V s i AFA-AFA VoITIP Page 1 of 1 Attachment A � J � z LL=i O X �j O Ll o 1 1 i 4 CSJ# 6222-18-001 • District# 14 -Austin Code Chart 64# 36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. j North of FM 3406 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH I THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Round Rock, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 113161 authorizes the State to undertake and complete a highway improvement generally described as maintain existing IH 35 frontage road; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as relocating electrical services (pole and meter relocate) on IH 35 northbound frontage road north of FM 3406, f called the "Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In I I AFA-AFA VoITIP Page 1 of 6 Revised 04/01/11 2-t2- - yt' Y CSJ# 6222-18-001 District# 14 -Austin s Code Chart 64# 36750 Project: Relocate Electrical Service i On IH 35 NB Frontage Rd. North of FM 3406 addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is i required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of r Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. i 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 6. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft®Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. AFA-AFA VoITIP Page 2 of 6 Revised 04/01/11 CSJ# 6222-18-001 District# 14 -Austin Code Chart 64# 36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. i North of FM 3406 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. g 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to i ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for I Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) I days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 —Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by ' the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. I E 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; E' AFA-AFA—VoITIP Page 3 of 6 Revised 04/01/11 CSJ# 6222-18-001 District# 14 -Austin Code Chart 64# 36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. North of FM 3406 2. By either party upon the failure of the other party to fulfill the obligations set forth in this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on I behalf of the Local Government up to the time of termination. C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: City of Round Rock Director of Contract Services Attn: City Manager Texas Department of Transportation 221 E. Main 125 E. 11th Street Round Rock, Texas 78664 Austin, Texas 78701 I All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending f written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. z 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing I agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. I 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and I administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. { 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. t AFA-AFA VoITIP Page 4 of 6 Revised 04/01/11 r CSJ# 6222-18-001 District# 14 -Austin Code Chart 64# 36750 I Project: Relocate Electrical Service On IH 35 NB Frontage Rd. North of FM 3406 I 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. i Acceptance of funds directly under the contract or indirectly through a subcontract under this I contract acts as acceptance of the authority of the state auditor, under the direction of the i legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately and the State may recover damages and all costs of completing the work. i 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on a behalf of the entity represented. I I 5 F fl 7 4 T Y p7 G P i'. } 1 AFA-AFA VoITIP Page 5 of 6 Revised 04/01/11 r x CSJ# 6222-18-001 District# 14 -Austin Code Chart 64# 36750 Project: Relocate Electrical Service On IH 35 NB Frontage Rd. North of FM 3406 1 THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT k Signature Nam Typed or Printed Name 3 Title IJ Date " TH STATE OF E 3 C by T. FI , CPA Siguth Regional Support Center Director Q /2 Date I 4 4 f 1gg kE E AFA-AFA_VoITIP Page 6 of 6 Revised 04/01/11 z i CSJ# 6222-18-001 District# 14-Austin Code Chart 64# 36750 i Project: Relocate Electrical Service On IH 35 NB Frontage Rd. North of FM 3406 i ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will then be responsible for 100% of all costs, less direct and indirect State costs. Description otal Federal tate Participation Local Participation Estimated Participation ost I ost % ost !o ost onstruction 24,425 % 0 % 0 100% 24,425 a b State ubtotal 24,425 $0: $0 $ 24,425 onstruction Direct State 6,105 0% 0 % 0 100% 6,105 osts Indirect State Costs 1,775 % 0 100% 1,775 % 0 f 7.27% ubtotal 7,8801 $0 1,775 $ 6,105 OTAL 32,3051 $0' 1,775' $ 30,530 i Initial payment by the Local Government to the State: $30,530. g Payment by the Local Government to the State before construction: $0. _ S' Estimated total payment by the Local Government to the State $30,530. This is an estimate. i The final amount of Local Government participation will be based on actual costs. Work Responsibilities: 1. Construction Responsibilities The construction of the relocation of electrical services will be performed under the current State E maintenance contract. F I i I It r i I AFA-AFA_VoITIP Page 1 of 1 Attachment A